Most patent systems require an invention to be new on the day you file. Anything made available to the public before that day — by anyone, including you — can count against you.
What counts as disclosure
- Publishing a blog post, paper or video that explains how something works
- Demonstrating a prototype at a public event
- Sharing technical details in a pitch deck without a confidentiality agreement
- Releasing open-source code that implements the invention
Some countries offer a short grace period for your own disclosures, but the rules differ and many important markets have none. Treat grace periods as a safety net, not a plan.
A simple routine
- Keep a list of what is technically new in each release.
- Before any public talk, publication or demo, check the list.
- If something on the list is about to become public, consider filing first.
- Use NDAs when you must share details with partners or investors.
Where we help
Our research starts from your business and industry, so we can flag opportunities before they are disclosed. Nothing in this article is legal advice for your specific situation.
